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Saturday, 11 February 2017

Al-Majallah al-Ahkam al-‘Adaliyyah #10 - Book 1 (Sale) - Chapter 2 (Subject Matter of Sale) - Section 2 (Things which may and may not be sold)

Book 1, Chapter 2, Section 2

SECTION II. Things which may and may not be sold.

205. The sale of a thing not in existence is void. Example:- The sale of the fruit of a tree which has not yet appeared is void.

206. The sale of fruit which is completely visible while on a tree is valid, whether it is fit for consumption or not.

207. The sale at one and the same time of dependent part which are connected together is valid. For example, in the case of fruit, flowers, leaves and vegetables, which do not arrive at maturity simultaneously, a portion thereof only having come out, that portion which has not yet arrived at maturity may be sold together with the rest.

208. If the species of the thing sold has been stated, and the thing sold turns out to be of another species, the sale is void. Example:- The vendor sells a piece of glass stating that it is a diamond. The sale is void.

209. The sale of a thing which is not capable of delivery is void. Example:- The sale of a rowing-boat which has sunk in the sea and cannot be raised, or of a runaway animal which cannot be caught and delivered.

210. The sale of a thing which is not not generally recognised as property or the purchase of property therewith is void. Example:- The sale of a corpse or of a free man, or the purchase of property in exchange for them is void.

211. The sale of things which do not possess any specific value is void.

212. The purchase of property with property which does not possess any specific value is voidable.

213. The sale of a thing the nature of which is not known is voidable.Example :- A vendor tells a purchaser that he has sold him the whole of the property he owns for a certain sum of money, and the purchaser states that he has bought the same. The nature of the things bought by the purchaser, however, is unknown. the sale is voidable.

214. The sale of an ascertained, jointly owned undivided share in a piece of real property owned in absolute ownership prior to division, such as a half, a third or a tenth, is valid.

215. A person may sell his undivided jointly owned share to some other person without obtaining the permission of his partner.

216. The sale of a right of way, and of a right of taking water and of a right of flow attached to land and of water attached to canals is valid.